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Jury selection begins in woman's 2nd-degree murder trial

Julie English listens during pre trial motions at the Brunswick County Courthouse in Bolivia, N.C. on Monday, February 24, 2014. English is charged with with second-degree murder and accused of running over her boyfriend with her vehicle in 2012.

Published: Monday, February 24, 2014 at 4:11 p.m.

Last Modified: Monday, February 24, 2014 at 4:11 p.m.

Jury selecting began Monday in Brunswick County court in the second-degree murder trial of Julie English, charged with running over her boyfriend with a car following a domestic dispute at their Supply home in 2012.

Michael Anthony Pate, 52, was killed May 27, 2012, when English ran him over with her car after he hit her in the face at their Oxpen Road home, according to police.

During motions Monday, defense attorney James Payne said his client admits she was driving, but a mixture of alcohol and years of domestic abuse caused her to panic.

"As a result of all she had suffered at the hands of Pate, she was trying to get away ... running him over was purely an accident," Payne said.

The prosecution filed a motion asking the judge to prevent Payne from presenting evidence that would portray Pate in a bad light. Assistant District Attorney Cathi Radford said she wanted to prevent the defense from referencing the couple's tumultuous 11-year relationship in which police were called to their home on numerous occasions and charges were filed and restraining orders signed.

"There could be some characterization of Mr. Pate as not so fine a fellow.... If your defense is accident, then information on Pate being the primary aggressor is not relevant," Radford said.

Payne argued English's "substantial" history of domestic abuse at the hands of Pate played into her state of mind at the time of the incident and was pertinent to the defense.

"She was laboring under substantial mental and emotional stress from years of domestic abuse ... coupled with her own alcohol consumption that day, that it substantially impaired her judgment at the time when she got behind the wheel," he said.

Judge Claire Hill said she'd reserve judgment on the issue until Tuesday.

She did rule, however, in favor of a defense motion to prevent the state from referring to Pate as "the victim."

The trial is expected to take a week. Jury selection could be completed as early as Tuesday afternoon.

<p>Jury selecting began Monday in Brunswick County court in the second-degree murder trial of Julie English, charged with running over her boyfriend with a car following a domestic dispute at their Supply home in 2012. </p><p>Michael Anthony Pate, 52, was killed May 27, 2012, when English ran him over with her car after he hit her in the face at their Oxpen Road home, according to police.</p><p>During motions Monday, defense attorney James Payne said his client admits she was driving, but a mixture of alcohol and years of domestic abuse caused her to panic. </p><p>"As a result of all she had suffered at the hands of Pate, she was trying to get away ... running him over was purely an accident," Payne said. </p><p>The prosecution filed a motion asking the judge to prevent Payne from presenting evidence that would portray Pate in a bad light. Assistant District Attorney Cathi Radford said she wanted to prevent the defense from referencing the couple's tumultuous 11-year relationship in which police were called to their home on numerous occasions and charges were filed and restraining orders signed. </p><p>"There could be some characterization of Mr. Pate as not so fine a fellow.... If your defense is accident, then information on Pate being the primary aggressor is not relevant," Radford said. </p><p>Payne argued English's "substantial" history of domestic abuse at the hands of Pate played into her state of mind at the time of the incident and was pertinent to the defense. </p><p>"She was laboring under substantial mental and emotional stress from years of domestic abuse ... coupled with her own alcohol consumption that day, that it substantially impaired her judgment at the time when she got behind the wheel," he said. </p><p>Judge Claire Hill said she'd reserve judgment on the issue until Tuesday. </p><p>She did rule, however, in favor of a defense motion to prevent the state from referring to Pate as "the victim."</p><p>The trial is expected to take a week. Jury selection could be completed as early as Tuesday afternoon. </p><p><i></p><p>F.T. Norton: 343-2070</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @FTNorton</i></p>